Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing
Item 3.01. Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing. On July 30, 2026, bioAffinity Technologies, Inc., a Delaware corporation (the “Company”) received written notice (the “Staff Determination”) from the Listing Qualifications Department of The Nasdaq Stock Market LLC (“Nasdaq”) notifying the Company that the Staff has determined that the b…
bioAffinity Technologies, Inc. addresses the need for non-invasive diagnosis of early-stage cancer and other diseases of the lung and broad-spectrum cancer treatments. The Company’s first product, CyPath ® Lung, is a non-invasive test that has shown high sensitivity, specificity and accuracy for the detection of early-stage lung cancer. CyPath® Lung is marketed as a Laboratory Developed Test (LDT) by Precision Pathology Laboratory Services, a subsidiary of bioAffinity Technologies. For more information, visit www.bioaffinitytech.com.
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Item 3.01Item 3.01 - Notice of Delisting
Item
3.01. Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.
On
July 30, 2026, bioAffinity Technologies, Inc., a Delaware corporation (the “Company”) received written notice (the “Staff
Determination”) from the Listing Qualifications Department of The Nasdaq Stock Market LLC (“Nasdaq”) notifying the
Company that the Staff has determined that the bid price of the Company’s listed securities has closed at less than $1.00 per share
over the previous thirty consecutive business days (from June 16, 2026 through July 29, 2026) and, as a result, the Company is not in
compliance with the minimum bid price requirement for continued listing on The Nasdaq Capital Market set forth in Nasdaq Listing Rule
5550(a)(2) (the “Minimum Bid Price Requirement”).
The
Staff Determination further provided that normally, a company would be afforded a 180-calendar day period to demonstrate compliance with
the Minimum Bid Price Requirement. However, pursuant to Nasdaq Listing Rule 5810(c)(3)(A)(iv), the Company is not eligible for any compliance
period specified in Nasdaq Listing Rule 5810(c)(3)(A) due to the fact that the Company has effected a reverse stock split over the prior
one-year period. As previously disclosed in a Current Report on Form 8-K, the Company effected a 1-for-30 reverse stock split on September
19, 2025.
The
Company intends to submit an appeal to Nasdaq on August 6, 2026, which will stay the delisting and suspension of the Company’s
securities pending the decision of the Panel. At the hearing, the Company intends to present its views and its plans to regain compliance
with the Minimum Bid Price Requirement. There can be no assurance that the Company will be able to evidence compliance with the Minimum
Bid Price Requirement or any other applicable requirements for continued listing on The Nasdaq Capital Market prior to the hearing.
There
can be no assurance that the Panel will grant the Company any extension period within which to regain compliance with the Minimum Bid
Price Requirement, or if any such extension period is granted, that the Company will regain compliance with the Minimum Bid Price Requirement
within such extension period, or that the Company will be successful in otherwise maintaining the listing of its securities on The Nasdaq
Capital Market.
This
report contains forward-looking statements, including, but not limited to, the timing of the hearing and the timing of the decision of
the Panel. Such statements are subject to risks and uncertainties, and actual results may differ materially from those expressed or implied
by such forward-looking statements. In particular, the hearing may be scheduled, and the Panel may issue a decision, more quickly than
expected based on the typical time periods in published Nasdaq guidance, which shorter timeline(s) may be unfavorable for the Company
and the continued listing of the Company’s common stock on The Nasdaq Capital Market. Investors are cautioned not to place undue
reliance on these forward-looking statements, which speak only as of the date of this report. The Company undertakes no obligation to
update any forward-looking statement in this report, except as required by law.
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